BILL ANALYSIS
SENATE LOCAL GOVERNMENT COMMITTEE
Senator Christine Kehoe, Chair
BILL NO: AB 1712 HEARING: 7/6/05
AUTHOR: Hancock FISCAL: No
VERSION: 6/29/05 CONSULTANT: Swenson
BERKELEY'S DOMESTIC VIOLENCE FEE
Background and Existing Law
Existing law authorizes counties to charge fees when they
issue marriage licenses or provide certified copies of
birth certificates and death records. Counties are
required to add on to their marriage license fees to fund
domestic violence centers. The additional amount has
increased over time and was last raised to $23 (SB 5,
Presley, 1993).
In 2001, the Legislature authorized a pilot program in
Contra Costa County, allowing the County to provide
governmental oversight and coordination of domestic
violence prevention, intervention, and prosecution efforts
within the county. The County must make findings and
declarations about the need for oversight and coordination
and may increase fees by a maximum of $2 for marriage
licenses and on certified copies of marriage certificates,
birth certificates, fetal death records, and death records
to fund the program. The County must deposit the fees into
a special county fund and may increase the fees each year
by the Consumer Price Index. The County must provide a
report to the Assembly and Senate Judiciary Committees by
July 1, 2006 on the outcomes achieved and the amount of
funds received and spent. The program sunsets on January
1, 2007 (SB 425, Torlakson, 2001).
Contra Costa County raised its fee by $1.50 in 2002 for
certified copies of birth certificates, death, and fetal
death records only (not marriage certificates). It
collected about $140,000 per year in 2002 and 2003. It
raised its fee to $2 in 2004 and collected about $190,000.
The County's Zero Tolerance for Domestic Violence program's
second annual report specified many improved outcomes
resulting from SB 425's oversight and coordination
activities.
The Legislature authorized similar programs in Alameda and
AB 1712 -- 6/29/05 -- Page 2
Solano Counties last year. Like Contra Costa's program,
the counties are required to make findings about the need
for oversight and coordination and are allowed to increase
fees for marriage licenses and certified copies of birth
certificates, fetal death, and death records by up to $2.
The counties must deposit the money into special county
funds, but can retain up to 4% for administrative costs.
They may increase the fees annually by the CPI. The
counties must report to the Legislative Judiciary
Committees by July 1, 2009. The programs sunset on January
1, 2010 (AB 2010, Hancock, 2004).
The City of Berkeley, located in Alameda County, is one of
only a handful of cities in the state that operates its own
public health department and is the only city that offers a
full range of public health services. Accordingly, the
City runs its own domestic violence programs and maintains
birth certificates, fetal death, and death records for city
residents. Copies of these records can be purchased from
both the City and the County. Last year's AB 2010 applies
to Alameda County but not the City of Berkeley. Berkeley
would like to provide oversight and coordination of its
domestic violence programs under the same terms and
conditions that apply to Alameda County.
Proposed Law
Assembly Bill 1712 adds the City of Berkeley to Alameda
County's pilot program regarding the oversight and
coordination of domestic violence programs. Specifically,
AB 1712:
Authorizes the City of Berkeley, upon making
findings and declarations of the need for
governmental oversight and coordination of domestic
violence agencies, to increase its fees for certified
copies of birth certificates, fetal death records and
death records by up to $2.
Allows the City of Berkeley to authorize an annual
increase in those fees by an amount equal to the
increase in the Consumer Price Index for the San
Francisco metropolitan area.
Requires the City of Berkeley to direct the local
AB 1712 -- 6/29/05 -- Page 3
registrar to deposit those fees into a special fund
to be used for governmental oversight and coordination
of a variety of domestic violence and family violence
prevention and intervention efforts. The City may
retain up to 4% of the funds for administrative costs.
Requires the City of Berkeley to submit a report no
later than July 1, 2009, to the Senate and Assembly
Committees on Judiciary containing information on the
amount of funds received and spent and the outcomes
achieved as a result of this program.
Contains provisions explaining why special
legislation is necessary and includes a sunset date of
January 1, 2010.
Comments
1. Closing the gap . Last year the Legislature authorized
a pilot program allowing Alameda County to raise fees to
fund the oversight and coordination of its domestic
violence programs. The City of Berkeley provides some of
its own programs, but was left out of the pilot program.
Recognizing the importance of complete coordination, AB
1712 authorizes the City of Berkeley to participate in the
county experiment. The City is bound by the same fee
restrictions, reporting requirements, and sunset date as
the county.
2. Be specific . The City of Berkeley wants to participate
in Alameda County's pilot program regarding the oversight
and coordination of domestic violence programs. AB 1712
provides the City with parallel provisions for funding,
reporting, and intercity coordination, but stops short of
requiring the City to coordinate its programs with the
County's. The Committee may wish to consider whether the
purpose of the bill is to provide an independent pilot
program for the City of Berkeley or to coordinate the
City's efforts with the County's? The Committee may also
wish to consider amendments clarifying the answer.
3. Dollars and cents . Effective February 1, 2005, Alameda
County increased its fees on marriage licenses and
certified copies of birth and death records by $2 bringing
AB 1712 -- 6/29/05 -- Page 4
its charges to $69 for marriage licenses, $20 for certified
copies of birth certificates, and $15 for death records.
The County expects to collect $200,000 to $300,000
annually. The City of Berkeley currently charges $15 for
birth certificates and $13 for death records. AB 1712
would increase those charges to $17 and $15 respectively.
The City expects it would collect just under $100,000 from
the increase.
Assembly Actions
Assembly Judiciary Committee: 5-3
Assembly Floor: 45-31
Support and Opposition (6/30/05)
Support : City of Berkeley.
Opposition : Unknown.